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HomeMy WebLinkAboutMinutes - City Council - 1959-05-041 1 307 City Council, Regular Meeting Council Chambers, City Hall Redding, California lvla,_y.'_'4, f 959 7:00 P. M. The Reverend Edward N. Spirer, pastor of the United Lutheran Church of Redding, West and Tehama Streets, gave the invocation. The meeting was called to order by'Mayor Fleharty with the following councilmen present: Fulkerth, Kelly, Puryear, Simons and Fleharty. City Manager Cowden, City Attorney Ness,- Purchasing Agent Stewart, Planning Director Evans, City Engineer Ward, Assistant to the City Manager Preaseau and Superintendent of Parks and Recreation Nelson were also present. APPROVAL OF MINUTES MOTION: Made by Councilman Simons, seconded by Councilman Kelly that minutes of the regular meeting of April 20th be approved as mailed to each of the councilmen. The Vote: Unanimous Ayes. COMMUNICATIONS Offer to Sell Property to City Mr. Frank Wagnon, LaPuente, California, advised he owned an acre of R-3 property located Magnolia Street between Butte and Placer Streets, would '' 3'�' like to sell to City. (Lot 7, Block 8, Breslauer Addition) This communication was` referred. fo the City Manager. Architectural Consultants Loy Chamberlain, of the firm -of Reynolds and Chamberlain, advised their services can not be made available to the City on civic projects until the full consummation of any existing agreement City may have for long-range master planning and preliminary studies for a coordinated group of municipal buildings. Claim for Injuries Notice of Claim for Injuries filed on April 29th by Bessie `Jiles, P.O. Box 2061, Anderson, in the amount of $25, 000.00 was submitted for council consideration. Claim states injuries occurred on January 30,' 1959 at the intersection of East and Yuba Streets due to an automobile collision. MOTION: Made by Councilman Kelly, claim filed by Bessie Jiles be denied, The Vote: Unanimous Ayes; seconded by Councilman Simons that and referred to the Legal Department. Complaint for Recovery of Taxes A. Ray 'Taylor, Shasta County Clerk and Clerk of the Superior Court, sent 'verifax copy of "Complaint for Recovery of Taxes" filed in the Superior Court 3 of the State of California, in and for the County of Shasta, on April 20, 1959, by the Southern Pacific Company and vs. County of Shasta, Cities of Anderson and Redding, Recommendations of `Recreation & Parks Commission a. Re Formation Advisory Group to City Council on Street Trees It was the recommendation of the Recreation and Parks Commission that an Advisory Group to the City Council on street trees be formed, as the widespread and important aspect of overall city development promises to become increasingly important and extensive` and an official advisory committee on street -trees would give the `citizens of Redding closer participation in the selection of trees to go on the streets. 308 Councilman Puryear expressed his opinion that with a full time Parks Supervisor and the Parks and Recreation Commission there was no great need for an advisory group, and council concurred that street trees be the province of the Parks and Recreation department, rather than the street department.' b. Pony Concession It was the recommendation of the Recreation and Parks Commission that favorable consideration be given to the request of George Caton that a live pony concession be allowed in South City Park, in the small area directly east of the tennis courts. A memo dated April 30th from the City Manager` gave his recommendations concerning authorization of the establishment of this concession in South City Park, stating the traffic hazards of this area, the fly, odor and dust control made it a not too ideal location. < 1 Sheriff John Balma said other locations had been considered, however competition with Roy Wilsey had eliminated the Kiddyland area, and the area by the City Plunge had no shade, a serious drawback to this: location. Area close by the bridge, uriplanted, and with adequate shade was given verbal approval by Sheriff Balma and Mr. Caton, and Mayor Fleharty advised if this location was acceptable that a lease agreement be worked out with the legal department for council approval at the next meeting of the council. c. Re'Appointment to Calif. Recreation CommissiO7 The Recreation and Parks Commission extended 'hearty congratulations to the Mayor of our City, George C. Fleharty, on his appointment to mem- bership on the California Recreation Commission. The Commission believes that recreation in this area has been strengthened and encouraged by the appointment. We take pride in the recognition given our mayor and are proud of his contributions to our community, the'Redding area and to the state as a whole Del Mar .Subdivision Trunk Sewer Connection The following letter dated April 29th signed by Robert R. Chatfield, office of Clair A. Hill and Associates, was received: City Council, City of Redding City Hall, Redding, California Honorable Council: Outlined below for your consideration is the Green Valley Sales Co. proposal on construction of the above subject sewer. Council action was taken October'21, 1957, authorizing the City Engineer to execute a change order with the Glanville Construction Company to install the trunk sewer to the boundary of Del Mar Subdivision at the same unit cost as provided in their contract, pro- viding the subdivider paid the trunk sewer fee for Del Mar Subdivisidn. green Valley,`Sales will agree to guarantee the trunk sewer to be installed at the Glanville Construction Company contract prices, and pay the current trunk sewer fee on the Del Mar Subdivision under the same agreement in the council action cited above. The subdivider will furnish plans and specifications and engage the contractor to do the work. The work would be subject to city inspection. However, the city would not have to prepare plans or let bids. The trunk sewer continuing through the subdivision to the railroad trestle; and the water line from Del Mar Avenue, north to the Benton Drive, are designed oversize; the sewer to meet the trunk line re- quirement and the water at the request of the city engineer for future 1 1 1 MO expansion of the city system. The subdivider requests that the City pay the contract price difference between the size to be installed and the size determined by the city engineer to be the minimum size needed by the Del Mar Subdivision. Enclosed you will find some information which may be of some us� in answering any questions that you might have. / Robert R. Chatfield City Manager Cowden requested extension of time before recommendations on charges for sewer connections and extensions were submitted; City Engineer Ward stated the storm drainage problem for the entire area, including city park area, should be resolved at this time. Mr. Martin Kauffman, representing the Green Valley Sales Company, advised that time was the essence of his problem, and if the City would absorb the difference between the costs of the 8" and 15" sewer line, and the difference in costs between the 6" and 12" water line, he would be willing to enter into a contract with the City in accordance with the terms outlined in the letter of Clair A. Hill and Associates. City Manager Cowden advised it was necessary to review the trunk sewer charges based on net acreage and the gross acreage before de- cision could be reached, however Mr. Kauffman stated he would not object to an increase in the basic trunk sewer charge. ' Council concurred on a tentative approval of this, and the subject was referred to the legal department for preparation of a contract, to be sub- mitted for council approval. Board of Appeals - Re Del Monte Apartments John Fitzgerald, Chairman of the Board of Appeals, advised they wished '�`', to`express disappointment in the action of the City Council in overruling ,,^cam; the decision of the Board and the city staff in the matter of the Del Monte Apartment`s. ^ Coaster Derby --Placer Street The 20 -30 -Club of Redding asked for correction in the date of the annual 20-30 Coaster Derby to Sunday May 17Th (not May "16th) and permission to sell soft drinks and ice cream at the races, proceeds to go to their 20-30 Camp -site at Dake Shasta. MOTION: Made by Councilman Simons, seconded by Councilman Fulkerth that request of the Redding 20-30 Klub to hold Coaster Derby on'May 17th be approved, and they be granted permission to sell soft drinks and ice cream at the races. The Vote: Unanimous Ayes, Protest on Rezoning Recommendation A communication dated May 1st from Hal West protested the recommendation of the Planning Commission that certain properties be rezoned from R-1 and C-1 to C -2-P. Planning Director Evans presented a Resolution of the Planning Commission of the City of Redding incorporating recommendations and findings in the -� matter of the request of J. H. Trisdale, Inc. , to rezone certain properties from R-1 (Single Family Residential) and C-1 (Neighborhood Commercial) District to'C-2-P (Central Commercial - with Parking) District. Council scheduled an on site inspection tour for 11:00 A. M. Tuesday, May 12th, with interested persons to be notified of this tour, and Planning Director Evans to attend. I MOTION: Made by Councilman Simons, seconded by Councilman Fulkerth that Public Hearing date of the Trisdale rezoning request be set for May 19th, 7:30 P.M. The Vote: (Unanimous Ayes. 310 PUBLIC HEARING The hour of 7:30 P.M. having arrived, Mayor Fleharty opened the public hearing on the request of Mrs. McGhee et al to rezone certain properties from R-2 (Duplex Family Residential) to R-3 (Restricted Multiple Family Residential) District. Property located on *Willis Street between Butte and Placer Streets with a depth of approximately 200 ft. on both sides of Willis Street to the existing alleys. City Attorney Ness advised the following documents were on:'file: Affidavit of Publication Notice of Public Hearing Affidavit of Mailing Notice of Public Hearing' There were no written protests and no one appeared to protest this rezoning. MOTION: Made by Councilman Simons, seconded by Councilman Fulkerth the hearing be closed. The Vote: Unanimous Ayes. City Attorney Ness submitted Ordinance No. 6'10, an ordinance amending Section 1301. 2 of the Municipal Code of the City of Redding relating to rezoning of certain property located on both sides of Willis Street be- tween Butte Street and a line approximately 200 feet north of the north- erly line of Placer Street. Councilman Fulkerth offered Ordinance'No. 640 for first reading. APPRECIATION SCROLL - Alvin Cibula Mayor Fleharty presented an "Appreciation Scroll" to Alvin M. Cibula, former City Attorney, in token of his service and devotion to the community, advising he served as Planning Commissioner from November, 1947 to March, 1952 and City Attorney from April, 1952 to May, 1959. Mr. Cibula stated he was deeply moved by the presentation; -he had tendered his resignation wi h regret as he had learned much from municipal association; he wished luck to his very fine �ssl;scant who was now City Attorney, and to the members of the council he "wished all his best". {� PROCLAMATION - Burglary Prevention Week MOTION: Made by Councilman Simons, seconded by Councilman .Fulkerth that the week of May 3rd through 9th, 1959 be proclaimed Burglary Prevention Week, and the Mayor be authorized to sign Proclamation. The Vote: Unanimous Ayes, COMPENSATION - City Attorney , MOTION: Made by Councilman Simons, seconded by Councilman Kelly that the salary of City Attorney be set at $925. 00 per month. n fir Voting was as follows: Ya Ayes: Councilmen - Fulkerth, Kelly, Puryear, Simons and Fleharty Noes: Councilmen - None Absent: Councilmen - None REAPPOINTMENTS TO C2MMISSIONS Mayor Fleharty announced'his recommendations for the following reappoint- ments to 'the Commissions: Planning Commission - Melvin A. Peck H "The finest and most able, proud to recommend him for.reappointment" said Mayor Fleharty Parks and Recreation Commission - Siebert Stephens and Jackson Price Airport Commission - Charles Hall Parking Commission, (action deferred) t 5�. 311. MOTION: Mads by Councilman Simons, "seconded by Councilman Fulkerth that reappointments as recommended by Mayor Fleharty be approved. The Vote: Unanimous Ayes. Robert A. Barcus, 2297 Athens Avenue, speaking as a resident of the area, protested the action of Melvin A. Peck serving as chairman pro tem at the public hearing held by the Planning Commission on the request of J. H. Trisdale for rezoning of certain properties located: in the general area of his residence. He stated it was his opinion in the interest of good govern- ment that Mr. Peck should have disqualified himself as an employee of Wm. Zachary, realtor representing J. H. Trisdale. He further said that theoretically the commission represented the public at large, yet 50% of the members of the Planning Commission were realtors or realtor employees; a good percentage of the business brought before the com- mission was land use, and lye questioned this as not entirely true representation. "you might welcome a change in composition of the membership of the commission from this percentage" he stated. Mayor Fleharty said he considered Melvin Peck of the highest integrity, a proven public servant, having served eleven years on the Planning Commission trying to do the right thing for his community; that he had no vested or divided interest other than service to the community. "As long as I have this much confidence in this gentleman, I will continue to support him" the added. Mr. Zachary advised no action was taken on the date, due to the absence of Sig Kriegsman, Mr; Peck acted as chairman, but all action was deferred pending a commission meeting with all six members present. Mr. Jaynes Gregg stated that Mre Barcus had stated publicly what many had thought secretly, •that Mr. Peck should have disqualified himself as an employee of Wm. Zachary. Mayor Fleharty called the roll for a second time after this discussion, and the vote was unanimous -ayes for the reappointment of Melvin Peck to the Planning Commission, RESOLUTION - Rodeo Week MOTION: Made by Councilman Kelly, seconded by Councilman Puryear that Resolution No. 2556 be adopted, a resolution of the City Council of the City of Redding pertaining to the Shasta County Sheriffts`Posse Annual Rodeo Week. Voting was as follows: 113 Ayes: Councilmen - Fulkerth, Kelly, Puryear, Simons and Fleharty Noes: Councilmen - None Absent: Councilmen -,.None Resolution No. 2556 on file' in the office of the City Clerk. APPROVAL OF CLAIMS MOTION: Made by Councilman Simons, seconded by Councilman Fulkerth that claims in the amount of $23, 242. 28, Warrant Register No. 22, warrant Nos. 5273 to 5419 inclusive, be approved and paid. Voting was as follows: Ayes: Councilmen - Fulkerth; Kelly, Puryear, Simons and Fleharty Noes: Councilmen - None Absent: Councilmen - None REPORT - Sale of Obsolete. Equipment ` Purchasing Agent Stewart advised five bids had been received on the sale of obsolete equipment from the Corporation Yard, high bid of $920.99 had been accepted, and this anount deposited with the City Treasurer. RE PALM: TREES Median Strip Miracle Mile It was -the recommendation of the Purchasing- Agent that 18 Trachycarpus Fortunei palm trees, 5 ft. in hei ht, be purchased from Diegaard Nurseries, Monrovia, at an estimated cost of 671.20 for planting in the median strip on the Miracle 312 Mile. (This expenditure does not include labor for installation) MOTION: Made by Councilman Puryear, seconded by Councilman Fulkerth the recommendations of the Purchasing Agent be accepted, and 18 palm trees be purchased from the Diegaard Nurseries at an estimated cost of $671.20. Voting was as follows: Ayes: Councilmen _- Fulkerth, Kelly, Puryear, -Simons and Fleharty Noes: 'Councilmen - None Absent: Councilmen - None ZONING ORDINANCE - Amendment re Home Occupancy Planning Director Evans presented a Resolution of the Planning Commission, a resolution of intention of the Planning Commission of the City of Redding adopting a proposed amendment to the zoning ordinance to provide for the allowance of home occupation uses within the zoned residential districts and recommending adoption thereof by the City Council. MOTION Made by Councilman Kelly, seconded by Councilman Fulkerth that public hearing date be set for May 19, 1959 at 8:30 P.M. to consider the adoption of an. amendment to the zoning. ordinance to provide for the allowance of home` occupation uses within the zoned residential districts. The Vote: Unanimous Ayes, MASTER LAND USE PLAN lime dment b ittedn Planning Director Evans/res0 ution of intention of the Planning Commission of the City of Redding being a resolution of intention to initiate proceedings to emend r the Master Plan of Land Use being a part of the general plan foZ the City of Redding. MOTION: Made by Councilman Simons, seconded by Councilman Kelly that public hearing date be set for May 19, 1959 at 9:00 P.M. to consider an amendment to the Master Plan of Land Use, The Vote: Unanimous Ayes. AGREEMENT - Reopening of Parkview Ave. % i S City Manager Cowden submitted a memo to all councilmen dated April 28th, regarding the agreement between the City of Redding. and the State Department of Public Works, regarding the reopening of Parkview Avenue at South Market Street, and the installation of traffic signals at the intersection of California Street -Angelo Avenue with South Market Street. MOTION: Made .by Councilman Kelly, seconded by. Councilman Fulkerth that Resolution No. 2557 be adopted, a resolution. of the. City Council -of the City of - Redding approving an agreement with the State of California, Department of Public Works, Division of Highways, for the installation of a traffic..control.. . signal system at the intersection of California Street -Angelo Avenue and South Market Streets, and for the construction of certain improvements at the inter- section of Parkview Avenue and South Market Street, and authorizing the Mayor to sign the agreement and encumbering the sum of $14, 600 in the Gas Tax Street Improvement Fund. Voting was as follows: Ayes: Councilmen - Fulkerth, Kelly, Puryear, Simons and Fleharty Noes: Councilmen - None Absent: Councilmen - None Resolution No. 2,557 on file in the office of the City Clerk. RESOLUTION - Increase in Yellow Taxi Cab Fares City Manager Cowden submitted application of Charles Bull, operator of the h Yellow Cab Company, 1325 Center Street, applying for increase in taxi cab fares. Mr. Bull advised his company had shown a net loss of over $10, 000 during 1956-57, and 1958, and increased rates were a matter of urgency. MOTION: MOTION: Made by Councilman Simons, seconded by Councilman Kelly that Resolution No. 2558 be adopted, a resolution of the City Council of the City of Redding changing the rate schedule for taxi -cabs .as provided• in Section 4117 of the Municipal Code of the City of Redding. - 1 1 Voting was as follows: Ayes: Councilmen - Fulkerth, Noes Councilmen = None Absent: Councilmen - None 313 Kelly, 'Puryear, Simons and Fleharty Resolution No. 2558 on file in the office of the City Clerk, (Resolution authorizing increase in taxi cab rates effective immediately) REDDING MUNICIPAL AIRPORT - Tie -Down Area City Manager Cowden submitted recommendation regarding plant mix surfacing of the tie -down area at Redding Municipal Airport, advising the 1957-58 budget provisions were made for the construction of a tie -down area immediately to the west of the hangar building and the project had involved extensive -grading and heavy base preparation due 'to the soil conditions and drainage problems. Due to the costs involved in this work, there was not sufficient funds available at that time for any surfacing beyond an' oil based water emulsion, which was used as a surface coats City Engineer Ward estimated the cost of resurfacing the tie -down area to insure a permanent facility to be $3600.00, and City Manager Cowden re-' commended that Redding Municipal and Benton Airports Capital -Account GA 802-T with an unencumbered balance of $3659.33 have $3600.00 trans- ferred to the Redding`Municipal andBenton Airport Repairs and 'Alterations Account GA 802-58 for this work. Coizncifrnen spoke at length of the serious problem of parking cars at the Municipal Airport, and the City Manager wag directed to submit plans for the surfacing of the tie -down area and the parking area for automobiles, for council consideration. RESOLUTION" - Fund Transfer Municipal Pool Under date of April 30th, City Manager Cowden submitted recommendation re= garding an allocation of funds for the repair and replacement of underwater lights at Redding Municipal Pool; vandalism at the plunge had resulted in the damage to the underwater lights, and it was als'o necessary to replace 370 ft. of water proof wire which had not been replaced, or, repaired, since the pool was built. MOTION: Made by Councifrnan Simons, seconded by Councilman *Kelly that Resolution No. 2559 be adopted, a resolution of the City Council of the City of Redding appropriating $1250 from certain appropriations and funds for replacement of under -water lights to the Redding Swimming Pool. Voting was as follows: Ayes: Councilmen - Fulkerth, Kelly, Puryear, Simons and Fleharty Noes: Councilmen - None Absent: Councilmen - None Resolution No. 2559 on file in the office of the City Clerk. RESOLUTION - Fund Transfer Assessorts Office MOTION: Made by Councilman Simons, seconded by Councilman Fulkerth that Resolution No. 2560 be adopted, a resolution of the City Council of the City of Redding appropriating $800 from certain appropriations and funds to purchase verifax materials for the use of the City As{sessorts office. Voting was as follows: L Ayes: Councilmen - Fulkerth, belly, Puryear, Simons and Fleharty Noes: Councilmen"'- None Absent: Councilmen - None Resolution No. 2560 on file in the office of the City Clerk. / /,P j� 314 RESOLUTION - Fund Transfer Traffic Signals Account MOTION: Made by., Councilman Simons, seconded by Councilman Kelly that Resolution No. 2561 be adopted, a resolution of the City Council of the City of Redding appropriating $500 from certain appropriations and funds for, the purchase of supplies and small tools for the traffic signals account. 13 Voting was as follows:. Ayes: ( Councilmen - Fulkerth, Kelly, Puryear, Simons and Fleharty Noes: Councilmen - None Absent: Councilmen - None Resolution No. 2561 on file in the office of the City Clerk. RESOLUTION - Fund Transfer Engineering Dept. MOTION: Made by Councilman Simons,. seconded by Councilman Kelly that Resolution No. 2562 be adopted,.. a ;re -solution of the City Council of the City of Redding appropriating and transferring $750 from certain appropriations and funds for the purchase of four (4y drafting machines. Voting was as follows: f j/L7 Ayes: _C.ouncilmen - Fulkerth, Kelly, Puryear, Simons and Fleharty Noes: Councilmen None Absent: .Councilmen -.None „ Resolution No. 2562 on file in the office of the City Clerk. ORDINANCE - Bankruptcy Sales, Closing Out Sales MOTION: Made by Councilman Simons, seconded by Councilman Fulkerth the complete -reading of Ordinance No. 609 be waived, and.the City Attorney be directed.to scan same. The Vote:, Unanimous Ayes. MOTION: Made by Councilman Simons, seconded by Councilman Kelly that Ordinance No. 609 be adopted, an ordinance amending the Municipal Code of the City of Redding by adding. thereto sections pertaining to Bankruptcy Sales, X77 Closing Out Sales, etc. ✓ Voting was as follows: Ayes: Councilmen - Fulkerth, Kelly, Puryear, ,Simons and Fleharty Noes Councilmen - None Absent: Councilmen - None Ordinance No.__60.9 on file in the office of the City (C1.erk. ORDINANCE - Rezoning. Property vicinity Diestelhorst Bridge MOTION: Made by Councilman_ Kelly, seconded by Councilman Simons that Ordinance No. 608 be adopted, an ordinance amending section 1301.2 of the Municipal, Code- of the City of Redding relating to .rezoning of certain property located on the north bank of the Sacramento River in the vicinity of the Diestel- I horst Bridge and being a portion of the south 1/2 of Section 26, TWP 32, RSW, MDB and M. Voting was as follows: Ayes: Councilmen - Fulkerth, Kelly, Puryear, Simons and Fleharty Noes: Councilmen - None Absent: Councilmen - None Ordinance No. 608 on file in the office of the City Clerk. (Redding Elks Club Lodge Property) APPROVAL. OF EMPLOYMENT - Clair Hillled Trinity Project Power) MOTION: Made by Councilman Kelly, secon by Councilman Puryear to approve the employment of Clair A. Hill and recommend that he be paid $179.52 and his services be made available to the City for any future work �!2 deemed necessary for the Trinity River Project Power. G- Voting was as follows: Ayes: Councilmen - Fulkerth, Kelly, Puryear, Simons and Fleharty Noes: Councilmen - None Absent: Councilmen - None 1 1 1 315 AGREEMENT - Civil Defense Fire Truck # 17 . MOTION: Made by Councilman Simons, seconded by Councilman Kelly to approve renewal Agreement State of California -California Disaster Office for Civil Defense Fire Pumper #17 for period May 7, 1959 to May 7, 1960, and the,M-yor be authorized to sign said agreement on behalf of the City. The Vote: Unanimous Ayes. AGREEMENT .County -City Jail,Facilities MOTION: Made by Councilman Kelly, seconded by Councilman Fulkerth to approve the Agreement with the County of Shasta for joint City -County jail facilities effective on the 1st day of July, 1959 to the 30th day of June, 1960. The Vote: Unanimous Ayes. Accounting to be every six months, City to pay its pro -rata, share. RE PURCHASE ELECTRICAL FACILITIES - Annexed Areas Enterprise City Attorney Ness gave a progress report on the purchase by the City of the electrical facilities in the annexed areas of Enterprise from the Pacific Gas and Electric Company, advising Opinion and Order .had been received from the P. U. C., and Agreement should be ready for signing about May 19th. HIGHLAND -QUIRK ASSESSMENT DISTRICT MOTION: Made by Councilman Kelly, seconded by Councilman Simons that Public Hearing be held on Monday, June 1 st, 7:30 P.M. on the Highland -Quirk � /G?� Assessment District. The Vote: Unanimous Ayes. RESOLUTIONS - Legislative Matters Resolutions No. 2563 and 2564 on file in the office of the City Clerk RE LEGISLATIVE MATTERS AB 528 - Workmen's Compensation (Police & Fire) City Attorney Ness briefed council on the provisions of AB 528 that would add certain language to the labor code that would create pre- sumption that hernia, heart trouble or pneumonia were incurred in %mow the course of employment of firemen and policemen. MOTION: Made by Councilman Simons, seconded by Councilman Kelly that Mayor Fleharty be authorized to write to Senator Regan and Assembly- woman Davis expressing the view,that council wholeheartedly opposed this bill. The Vote: Unanimous Ayes. AB 2374 - Utility Rate Changes -Public Hearing City Attorney Ness briefed council on the provisions of AB 2374 which would add to the Government Code that publicly owned utilities could not MOTION: Made by Councilman Simons, seconded by Councilman Kelly that Resolution No. 25.63 be adopted, a resolution of the City Council of the City of Redding opposing SB 1023 which would.im_po,se an annual tax on publicly owned gas or electric utilities. Voting was as follows: Ayes: Councilmen - Fulkerth, Kelly, Puryear, Simons and Fleharty Noes: Councilmen - Nome Absent: ,Councilmen - None MOTION: Made by Councilman Simons, seconded by Councilman Kelly that Resolution No. 2564 be adopted, a resolution of the City Council of the City of Redding requesting the State of California, Department of Public Works, Division of Highways, to.exert every effort to obtain a modification of the policy of the U. S. Bureau of Public Roads in the matter of utility rights of way on inter -state system high ways. Voting was as follows: Ayes: Councilmen - Fulkerth, Kelly, Puryear, Simons and Fleharty :Noes: Councilmen - None Absent:, Councilmen - None Resolutions No. 2563 and 2564 on file in the office of the City Clerk RE LEGISLATIVE MATTERS AB 528 - Workmen's Compensation (Police & Fire) City Attorney Ness briefed council on the provisions of AB 528 that would add certain language to the labor code that would create pre- sumption that hernia, heart trouble or pneumonia were incurred in %mow the course of employment of firemen and policemen. MOTION: Made by Councilman Simons, seconded by Councilman Kelly that Mayor Fleharty be authorized to write to Senator Regan and Assembly- woman Davis expressing the view,that council wholeheartedly opposed this bill. The Vote: Unanimous Ayes. AB 2374 - Utility Rate Changes -Public Hearing City Attorney Ness briefed council on the provisions of AB 2374 which would add to the Government Code that publicly owned utilities could not 316 increase their rates without publication of a notice of a hearing before the governing body, MOTION: Made by Councilman Kelly, seconded by Councilman Simons that Mayor Fleharty,,be authorized to write Senator Regan=and Assembly- woman Davis in Support of AB 2374. The Vote: Unanimous Ayes, Councilman Fulkerth stated he would like, if possible, to have a recap and digest of all legislative bills.pas_sed, and the City Attorney stated this would be done after closing of the legislative sessions, REQUEST_ -FOR ASSESSMENT SPLIT Rancho Parks The Shasta County Title Company, acting on behalf .of the State Division of Highways, requested a split in the assessment for Rancho Parks Sewer Assessment District, being a portion of Tracts E-4 and E -4-A. (j MOTION: Made by Councilman Kelly, -seconded by Councilman Puryear the Street Superintendent file with the City Clerk a report and an amended assess- ment together with map or .plat showing how lots have been divided, and the total amount.of the assessments of the several portions of any one original lot or parcel. The Vote: Unanimous Ayes. RE AWNINGS Councilman Kelly spoke on the action of the Chamber of Commerce who. had written to store' _owners, notifying them of the provisions of the Building Code regarding the height of awnings. SITE TOUR - Placer St. (Andrews Property) Councilmen were advised that Mr. John Andrews had been leveling and filling property owned by him on Placer Street with dirt taken from adjacent Benton Airport property and some two thousand yards of fill had been removed before he was stopped. Mr. Cowden stated Mr. Andrews had acted without authority using public property for private use. Mr.. Andrews stated that sometime around the fall of 1955, he had secured L� verbal permission from a City Engineer, or City employee, or perhaps Mr. Stites, that if he cleared and burned the brush he could use this Benton Airport land for fill; that a city employee had come up to the property advising him just where and how soil should be removed. Due to the breakdown of the equipment used, it was not until this ,year he was able to complete _work on the land' fill in question. He further advised he had some $1, 000 invested in the clearing and burning of the brush. < Mayor Fleharty directed the City Manager to contact various persons to check on the verbal permission given to Mr. Andrews. On site tour of inspection of Mr. Andrews' property was scheduled for 10:30 A�M.;:Tuesday, May 12th; Mr. Andrews stated he would be there.: PROCLAMATION - Poppy. Days ) �e MOTION: Made by Councilman Kelly, seconded by Councilman Fulkerth the City Attorney be directed to prepare proclamation for Poppy Days, May 22nd and 23rd, and that license fee be waived. The Vote: Unanimous Ayes. } To be. presented to council on May 12th, adjourned meeting. NATIONAL GUARD GROUP HEADQUARTERS Morgan Saylor submitted copies of a letter .from the Adjutant General to Mr. Robert Arrasmith, Acting Adjutant, Redding Post 1934 regarding request that a National Guard Group Headquarters be located. in Redding. No action was taken -by -the City Council. 317 Communications ` 1. Assemblyman Gordon H. `Winter, Jr. re resolutions adopted by Council on, legislative matters 2. Edwin J. Regan, Senator, re resolutions adopted by Council m legislative 7Z matters 3. State Board of Equalization report of revenue forecasts for local sales and use taxes 4. Calif. Fish and Game Commission advises that muskrat resolution adopted by Council on April 20th did not reach them in time for action this year, will keep it on file for action next year. ' All communications must reach them before the first Friday in April for their action, 5. Applications Department of Alcoholic Beverage Control ' 7y Diamond Cafe 1503 California St. Garden Food Market 2219 Garden Avenue 6. California Roadside Council - Re Senate Bill 75 regulating outdoor advertising -2 57-21 in certain unincorporated areas 7. Copy of Circular Letter No. 59-108"re .new final report form to be used in reporting expenditure of engineering`ad funds - submitted by H. S. Miles, `District Engineer, State Division of Highways 8. Report of the Joirit Interim Committee on Highway Problems, submitted by H. S. Miles, District Engineer, State Division of Highways. There being no further business, it was moved by Councilman Simons, seconded by Councilman Fulkerth the meeting be adjourned :until Tuesday, May 12th at 12:00 noon, when absentee ballots will be canvassed by the City Council. The Vote: Unanimous Ayes. 1 Attest: City Clerk 1 APPROV